Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
Evidence Act, 1872, Section 115 -- Doctrine of election - It is based on the rule of estoppel - The rule that one cannot approbate and reprobate inheres in it...........
Evidence Act, 1872, Section 115 - - Doctrine of promissory estoppel - Applicability - Conduct of defendants-respondents shows that there was a permission to allot the land and possession according to that was given - There is no allotment in writing but conduct of respondents on the basis of various correspondence and acceptance of proposal of allotment shows that it was..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Evidence Act, 1872, Section 115 -- Approbate and reprobate - The doctrine of election is based on the rule of estoppel- the principle that one cannot approbate and reprobate inheres in it - The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity - By that law, a person may be precluded by his..........
Evidence Act, 1872, Section 115, Air Craft Act, 1934, Section 5A -- Petitioner raising challenge against circular issued by Director General Civil Aviation placing Civil Aviation Requirement (CAR) in abeyance - Some of petitioners earlier impugned validity of legality of CAR, but had withdrawn petition without seeking leave to file afresh - Held, conduct of petitioner..........
Evidence Act, 1872, Section 115 -- Estoppel - Applicability - Appellant simply alleged in written statement that partition was carried merely on papers - Warrant of ejectment was never executed at the spot and application for partition was allowed without following proper procedure and law governing partition - Fact that partition proceedings took place and appellant was..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Doctrine of promissory estoppel and legitimate expectation - There seems to be some difference of opinion in the various decisions by different benches of Supreme Court - Matter referred to larger Bench...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Applicable to against Government as against a private individual...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
